Pretoria Student Law Review 2023-17
Editor in chief: Eric Geldenhuys
2023
ISSN: 1998-0280
Pages: 173
Print version: Available
Electronic version: Free PDF available
About the publication
I am proud to present to you, the reader, the 17th annual edition of the Pretoria Student Law Review (PSLR) with its Special Section Gender and the Law. The Annual Edition deals with a multitude of topics which is a testament to the academic rigour and potential of the next generation of legal scholars. The PSLR continues to grow year-on-year and does so in tribute to the late Professor Christof Heyns, who was instrumental to the founding of our journal.
The PSLR fills a unique role in academia by granting young scholars the opportunity to publish their research and present their solutions to current legal and social issues. The PSLR is a stepping stone for young legal scholars to enter the world of scholarly research and to engage critically with content taught at universities. The journal continues to expand its reach across the borders of South Africa with this year’s publication including articles written by authors from the United Kingdom and Kenya, alongside numerous South African authors. The various articles deal with deep-fakes and the right to participation in Kenya, digital currency, digital rights and film publication, the validity of customary marriages under South African law, patient autonomy in the United Kingdom, the role of ubuntu in South African corporate law, and transgender parenthood under the laws of England and Wales.
Thank you to our two senior editors, Marno Swart and MP Fourie, for their support, guidance, expertise and commitment. Both Mr Swart and Mr Fourie are to be commended for their dedication to the journal and the numerous hours, work and effort they put into training and assisting the editorial board. Together with Mr Swart and Mr Fourie, the PSLR management team was able to realise all the goals we had set at the start of the term. Thank you to Mr Fourie for answering the call to re-join the journal while pursuing his LLM and working as a candidate attorney. A special thank you to Mr Swart for his love and passion for the PSLR. Mr Swart has been instrumental to the continued growth and success of the PSLR over the past three years. Mr Swart is knowledgeable, patient, a great teacher and mentor, and an even better friend to all those around him. We wish him all the best for his PhD candidacy at the University of Cambridge. To my predecessors, Adelaide R Chagopa and Marno Swart, thank you for standing by me and advising me throughout the term.
As each editor-in-chief before me, I did my best to build and grow the PSLR. The 2023 year brought both success and challenges. I am proud of the 2023 Editorial Board for its resilience and positivity, despite the challenges we faced. The PSLR’s management team’s focus was to codify the solutions to the issues we faced and those preceding us. The PSLR Constitution, as amended in 2023, revised term limits and the internal governing structure. The amendments were written with authors, peer reviewers, editors, and incumbent editors in mind. I am certain that these amendments will ensure the independence and growth of the journal, increase its efficiency, improve its relations with authors and peer reviewers, and, at the end of the day, result in a journal that is recognised and revered for its quality and diverse contributions that tackle critical and current legal and socio-economic issues. Lastly, the PSLR Advisory Board was established in my tenure. The Advisory Board is composed of previous editors-in-chief and senior editors who will be available to advise, support and train the incoming and current Editorial Boards. The Advisory Board aims to bridge the gap between seasoned and new members by providing a mechanism whereby knowledge and skills transfer can occur without each new board having to face similar issues each year. In this way, the new Editorial Board strives to better focus and streamline on the journal's growth and daily running.
To our Guardians, Phemelo Magau and Yvonne Jooste, your unwavering support and eagerness to assist the Editorial Board is truly appreciated. Thank you for coming on board and getting ‘your hands dirty’ from the get-go. To our previous Guardian, Ilana le Roux, thank you. Ms le Roux’s contribution and commitment to the PSLR over the years must not go unnoticed. Thank you to Charles Fombad, Lizette Hermann and Liesl Hager at the Pretoria University Law Press. Your assistance, guidance, positive encouragement, and dedication is most appreciated. Many thanks are extended to the Law Faculty of the University of Pretoria, our Dean, Elsabe Schoeman, and Deputy Dean, Charles Maimela.
To my parents, brothers, and friends, Aeglesia Caunhye and Lloyd Magee, thank you for your sacrifices, inspiration, love, and support. I would not be who I am or where I am today would it not have been for your role in my life.
To the authors and future authors, you are the future attorneys, advocates, judges, and legal experts. I commend each and every one of you for your dedication to legal academia and the legal profession. Do not underestimate your voices, your opinions, and your solutions to what we face today. I encourage you, as aspiring legal professionals and academics, to keep on writing and researching what you are passionate about. Please visit our website for more information on the PSLR and on how to make a submission.
I trust you, the reader, will enjoy and benefit from reading this publication.
Editor-in-Chief
2023
Table of Contents
Editors’ note
by Eric Geldenhuys
An examination of the South African corporate law through the lens of ubuntu
by Siphethile Phiri
Respecting patient autonomy: Unfortunate verdict but sound precedent: Evans v United Kingdom app no 6339/05, (European Court of Human Rights, 10 April 2007)
by Megan Rosie O’Mahony
The concept of good faith in the law of contract: Redefined and reimagined
by Sandile Nhlengetwa
The right to democratic participation in Africa in the era of deepfake
by Mujib Jimoh
‘Consent’ and confusion casting doubt on the validity of a customary marriage: Mgenge v Mokoena & another [2023] JOL 58107 (GJ)
by Liesl Hager
Incorporating the incorporeal: The potential classification of Bitcoin as a ‘thing’ under South African common law
by Brigitte Geyer